Boulder prosecutors ID third suspect in Nathaniel Tallman murder case

Russell Britton charged with murder, other felonies in drug-related killing

By Mitchell Byars, Camera Staff Writer

Posted:
03/20/2014 07:17:07 AM MDT

Updated:
03/20/2014 06:29:06 PM MDT

Russell Britton, a suspect in Nathaniel Tallman murder, appeared in Boulder County Court on March 20, 2014.
Cliff Grassmick / March 20, 2014 (Cliff Grassmick)

Nathaniel Tallman (Courtesy photo)

Boulder prosecutors charged Russell Britton with first-degree murder Thursday in connection with the shooting death of Nathaniel Tallman, while revealing for the first time that a third suspect is alleged to have been involved in the drug-related killing.

Charging documents filed by the Boulder County District Attorney's Office allege Britton, 58, took Tallman's car and marijuana — but suggest he's not believed to have actually killed the 25-year-old Lafayette resident.

The charges allege Britton "unlawfully and feloniously rendered assistance to Daniel Ortiz and Moises Mendez, with intent to hinder, delay or prevent the discovery, detection, apprehension, prosecution, conviction or punishment of Daniel Ortiz and Moises Mendez for the commission of a crime, knowing that person committed the crime of murder in the first degree."

Mendez currently is in custody in California, but Ortiz's name had not surfaced publicly in the Tallman case, and neither police nor prosecutors had revealed the existence of a third suspect in the killing.

The body of Tallman, who vanished nearly two months ago, was discovered last week along the side of a highway north of Lusk, Wyo.

District Attorney Stan Garnett on Thursday declined to discuss Ortiz's alleged involvement in the crime, but confirmed that he has not been arrested at this point.

"We're looking into Mr. Ortiz," Garnett said.

A list of witnesses appended to the felony complaint against Britton includes a David Ortiz, who is listed as living in California.

In addition to first-degree murder, Britton was charged Thursday with being an accessory to murder, robbery, possession of marijuana with intent to distribute 5 to 100 pounds, and possession of marijuana with intent to distribute 5 to 50 pounds.

Garnett acknowledged that the murder count against Britton falls under the felony murder rule, which allows prosecutors to charge a suspect with first-degree murder when a person is killed during the commission of a another felony — even if that suspect didn't commit the murder itself.

According to the complaint, Britton "committed or attempted to commit robbery and, in the course of or in furtherance of that crime, or in the immediate flight therefrom, the death of Nate Tallman... was caused by anyone."

Suspect in San Diego

Mendez, 26, already has been arrested in California on suspicion of murder and is being held at the San Diego Central Jail on $1,025,000 bond.

He was taken into custody by U.S. Customs and Border Protection on Saturday, and waived his right to an extradition hearing at a court appearance Tuesday, officials from the San Diego District Attorney's Office said.

Officials would not say when he is expected to be transported to Boulder County.

Lafayette police, in an arrest report released Monday, said Tallman had been on his way to meet Britton to "conduct a marijuana transaction" at 7 p.m. Jan. 21, the last day he was seen by friends and family members.

Phone records show Tallman called Britton several times on the way to the meeting, and the last known location of Tallman's cellphone was near Britton's house in Larimer County, just before 8 p.m. that day, according to investigators.

According to the report, Lafayette police interviewed Britton several times, but he insisted Tallman never showed up to the meeting. Britton told police he left to travel to Minot, N.D., after Tallman failed to arrive, according to the report.

But investigators found blood in the back of Britton's van that was a match for Tallman's DNA profile, even though Britton had told Lafayette police that Tallman never had been in his van, according to the arrest report.

Body found in Wyoming

Tallman's body was found March 13 alongside U.S. Highway 85 north of Lusk, Wyo. Investigators said that was along the route to North Dakota that Britton provided to police, according to the report.

Tallman's ID and wallet were found on the scene, according to the report, and an autopsy confirmed Tallman died of a gunshot wound.

His car, a Mitsubishi Lancer, had been found Feb. 13 abandoned in a lot in south Boulder.

Tallman worked with his father in the family's greeting card and gift distribution business, and the arrest report said Britton was a self-employed tile installer.

Britton appeared at Thursday's hearing in custody, and defense attorney Kristen Johnson waived a reading of the felony complaint.

A preliminary hearing in the case was set for May 27.

Lafayette police are asking that anyone with further information related to the Tallman investigation contact them at 303-604-8014 or policetips@cityoflafayette.com.

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